Showing : 281-290 of 535 Results

KERALA HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138(b)-- Notice - To constitute a notice there must be a demand for payment of the amount covered by the bounced cheque...........
KARNATAKA HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Not issued within 15 days of receipt of notice from bank regarding dishonour of cheque - Notice is not valid...........
GUJARAT HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Components of the offence of dishonour of cheque, punishable u/s 138 of N.I. Act are: (1) Drawing of the cheque; (2) Presentation of the cheque to the Bank; (3) Returning the cheque unpaid by the drawer bank; (4) Giving notice in writing to the drawer of the cheque demanding payment of the cheque..........
GUJARAT HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Goods supplied at Delhi - Post dated cheque issued at Delhi - Complainant company located in Gujarat but having bank account at Delhi also - Cheque presented at Delhi and dishonoured - Notice issued by complainant company and received by accused at Delhi -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Must be for the payment covered by cheque - If demand is for a lesser amount or for a higher amount not covered by the cheque, which was dishonoured, then the prosecution must fail as the statutory requirement of S.138 Proviso (b) is not fulfilled...........
BOMBAY HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Company - Notice served upon sister concern - It is for complainant to prove that acknowledgement issued was by some one authorised on behalf of accused company and not by any body from sister concern - PW 1 examined on behalf of company on point had no knowledge who had put initials and..........
MADRAS HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Returned with endorsement 'Intimated-Unclaimed' - Deemed service of notice - In absence of an averment in the complaint that accused is evading service, presumption as to deemed notice cannot be raised...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent as per registered post and also through certificate of posting - Notice sent as per registered post received back with postal endorsement 'addressee left' - No evidence led that notice sent under certificate of posting was in fact served on drawer of cheque - No proper service of..........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque dishonoured - Notice given - Payment not made - Cheque again presented and again dishonoured and once again notice given - Held, complaint is not maintainable - Once there is accrual of cause of action then limitation starts to run and it cannot stop for any reason - In case of dishonour of..........
BOMBAY HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138(b), 141-- Company - Dishonour of cheque - Director - Notice of demand not sent to the petitioner who is one of the Directors - Process issued against petitioner deserves to be quashed...........

Showing : 281-290 of 535 Results